Law:

Section:

(a) Civil Procedure Code (V of 1908)--Constitution of Pakistan (1973), Arts. 185(3) & 199---Application for restoration of suit was dismissed as time-barred---Contention was that application for restoration was time-barred or not depended upon findings of fact and the same having been rendered by the designated Authority the High Court should not have interfered with it in its discretionary Constitutional jurisdiction---Petitioner also had a good prima facie case to argue in so far as the question of limitation was concerned---Leave to appeal was granted accordingly. (b) Administration of justice--- ----So long as substantial justice can be done and there is no serious technical or legal impediment the decision of controversies on merits stands at a much higher level than the disposal on the basis of legal technicalities and technical bars. (c) Constitution of Pakistan (1973)--- ----Art.199---Constitutional jurisdiction---Exercise of---Technical infirmities -Effect---High Court cannot exercise discretion in rejecting the petition on the basis of legal technicalities in the case wherein admittedly in pith and substance on merits, the equities in the case were in favour of the petitioner whose case had not been tried on merits till the decision by the High Court at any stage. (d) Muhammadan Law--- ---- Pre-emption---Basis for the right of pre-emption in Islamic law are as substantial as any other right. Malik Hadayat Ullah v. Murad Ali Khan PLD 1972 SC 69 and Siddique Khan v. Abdul Shakur Khan PLD 1984 SC 289 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, C.J.---This appeal through leave of the Court in a pre-emption matter is directed against the acceptance by the High Court of respondent's Constitutional (Writ) Petition against an order of remand. The leave was granted as follows:--- "The petitioners' suit was dismissed , for non-prosecution. Their application for restoration was also dismissed as barred by time. They failed 'in appeal before the Additional Commissioner but a learned Member, Board of Revenue accepted their revision and remanded the case for decision on merits in accordance with law. This order by designated revisional authority was set aside by the…

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